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Got a 25 round magazine for Christmas

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  • bhix89
    Junior Member
    • Dec 2011
    • 2

    Got a 25 round magazine for Christmas

    ok so I'm from California and my uncle got me a 25 round clip for Christmas is that still legal I didn't buy manufacture or import but I do possess one
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44627

    Originally posted by bhix89
    ok so I'm from California and my uncle got me a 25 round clip for Christmas is that still legal I didn't buy manufacture or import but I do possess one
    No, it isn't legal.

    Depending on where this happened, one of you committed a crime.

    One presumes that the Uncle is outside CA, since getting the 25 round mags is difficult here.

    So, either the uncle imported it and gave it to you, or you visited out of state, accepted it, and imported it.

    ETA there are other plausible scenarios, but the result is you have a LCM in CA now and you did not before Christmas, and unless you are exempt (which you did not suggest you are) there is no legal way to accomplish that.
    Last edited by Librarian; 12-31-2011, 1:51 AM.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      GOEX FFF
      ☆ North Texas ☆
      CGN Contributor
      • Jun 2007
      • 6170

      Possession of LCM if you owned it prior to 2000 is legal. If your uncle gave you that magazine IN CA post 2000, then he's committed a felony.

      Not trying to scare you, but it would also be wise to research the complete law with a simple Google search (since you're already aware about manufacturing and importing...etc) before posting on a public forum, which DOJ, ATF and other Law enforcement frequents while admitting your uncle may have committed a crime.

      And lastly, WELCOME TO CALGUNS!

      ETA: for corrections.
      Last edited by GOEX FFF; 12-31-2011, 1:15 PM.
      Stand for the Flag - Kneel for the Cross

      The 2nd Amendment Explained

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      • #4
        77bawls
        Senior Member
        • Jan 2010
        • 1457

        Originally posted by Librarian
        No, it isn't legal.

        Depending on where this happened, one of you committed a crime.

        One presumes that the Uncle is outside CA, since getting the 25 round mags is difficult here.

        So, either the uncle imported it and gave it to you, or you visited out of state, accepted it, and imported it.

        ETA there are other plausible scenarios, but the result is you have a LCM in CA now and you did not before Christmas, and unless you are exempt (which you did not suggest you are) there is no legal way to accomplish that.
        What if Santa gave it to you? AKA you don't know who it's from.
        Originally posted by Munk
        If you have a metal box that has "Anthrax" written on the side, are you a terrorist? or just a fan of a great band?
        "Those who would ban extended magazines, will say that although hundreds of thousands are in circulation and thousands more will surely be sold before a ban is enacted, it will be worth it if it saves just one life. But the other half of that question must be asked, too: Is it worth it if it costs just one life?" Stephen Hunter
        sigpic

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        • #5
          colddeadhands
          Senior Member
          • Apr 2007
          • 590

          Originally posted by 77bawls
          What if Santa gave it to you? AKA you don't know who it's from.
          Santa doesn't live in CA, so Santa committed a felony.

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          • #6
            wildhawker
            I need a LIFE!!
            • Nov 2008
            • 14150

            Originally posted by colddeadhands
            Santa doesn't live in CA, so Santa committed a felony.
            Well, Santa's been rumored to have a vacation house in Huntington Beach, but I digress...
            Brandon Combs

            I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

            My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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            • #7
              troysland
              Senior Member
              • Oct 2009
              • 2182

              No, no, no...I thought you said you FOUND it....under your Christmas tree.
              Originally posted by Colonel David Crockett
              "Ya'll can go to hell, I'm goin' to Texas!"

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              • #8
                CityHunt3r
                Senior Member
                • Jun 2011
                • 933

                Originally posted by colddeadhands
                Santa doesn't live in CA, so Santa committed a felony.
                Hahahaa sorry just wanted to give that comment a kudos hahahaha
                sigpic

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                • #9
                  sighere
                  Member
                  • Jul 2010
                  • 320

                  Nobody's kidding anyone here. Definitely illegal. Burden of proof is on the state though. They have to prove that you did not own it prior to 2000. They have to prove that you did not buy, purchase, or import it. In other words for the most part unless you cop to it (like the OP just did in writing), or they catch you (or your uncle) importing, purchasing, or manufacturing it, the state will have a pretty difficult time carrying it's burden.
                  sigpic

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                  • #10
                    adrenaline
                    CGN/CGSSA Contributor
                    • Jun 2010
                    • 1437

                    So...if my father (or Uncle) had magazines prior to 2000 and they pass away (and I inherit all their belongings)...I would still have to discard the mags?

                    Sorry...a bit off topic...but not really.


                    "I know not what course others may take; but as for me, give me liberty or give me death!"- Patrick Henry.

                    Our Founders Views Regarding the 2nd Amendment - Right to Keep and Bear Arms

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                    • #11
                      stitchnicklas
                      Calguns Addict
                      • Feb 2010
                      • 7091

                      disassemble or destroy

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                      • #12
                        furyous68
                        Senior Member
                        • May 2010
                        • 1878

                        Originally posted by sighere
                        Nobody's kidding anyone here. Definitely illegal. Burden of proof is on the state though. They have to prove that you did not own it prior to 2000. They have to prove that you did not buy, purchase, or import it. In other words for the most part unless you cop to it (like the OP just did in writing), or they catch you (or your uncle) importing, purchasing, or manufacturing it, the state will have a pretty difficult time carrying it's burden.
                        Their proof is right here in this thread!
                        95,000,000 people die each day in the U.S. from gun violence

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                        • #13
                          Sunday
                          Calguns Addict
                          • Jan 2010
                          • 5574

                          Now that your possesion of the magazine is public record???
                          California's politicians and unionized government employees are a crime gang that makes the Mexican drug cartels look like a Girl Scout Troop in comparison.

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                          • #14
                            dantodd
                            Calguns Addict
                            • Aug 2009
                            • 9360

                            Originally posted by adrenaline
                            So...if my father (or Uncle) had magazines prior to 2000 and they pass away (and I inherit all their belongings)...I would still have to discard the mags?
                            Destroy or disassemble.
                            Coyote Point Armory
                            341 Beach Road
                            Burlingame CA 94010
                            650-315-2210
                            http://CoyotePointArmory.com

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                            • #15
                              TKM
                              Onward through the fog!
                              CGN Contributor
                              • Jul 2002
                              • 10657

                              Iggy, is that you?
                              It's not PTSD, it's nostalgia.

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